DECISION

Fair Work Act 2009
s.210—Enterprise agreement

InvoCare Australia Pty Ltd
(AG2016/8071)

INVOCARE AUSTRALIA PTY LTD CEMETERIES AND CREMATORIA (NSW) ENTERPRISE AGREEMENT 2014

Cemetery operations
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 11 JANUARY 2017

Variation of the InvoCare Australia Pty Ltd Cemeteries and Crematoria (NSW) Enterprise Agreement 2014.

[1] An application has been made for approval of a variation to the InvoCare Australia Pty Ltd Cemeteries and Crematoria (NSW) Enterprise Agreement 2014 (the Agreement). The application was made by Invocare Australia Pty Limited (the Applicant) pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The Agreement is varied by removal of clauses 28.6 and 28.7.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, InvoCare Australia Pty Ltd sought a variation to the InvoCare Australia Pty Ltd Cemeteries and Crematoria (NSW) Enterprise Agreement 2014. The dispute arose as a result of the company's financial difficulties and the need to make changes to employee conditions to ensure the continued operation of the business. The Commission was tasked with determining whether the proposed changes were reasonable and necessary in the circumstances.

The legal issues before the Commission included whether the proposed changes to the enterprise agreement were reasonable and necessary to achieve the company's objectives, and whether the changes were fair and reasonable in the context of the parties' broader bargaining relationship. The Commission also had to consider the impact of the proposed changes on the employees and whether there were any alternative measures that could be adopted to achieve the same objectives.

After hearing submissions from both parties and considering the evidence presented, the Commission found that the proposed changes to the enterprise agreement were reasonable and necessary in the circumstances. The Commission noted that the company was facing significant financial difficulties and that the proposed changes were necessary to ensure its ongoing viability. The Commission also found that the changes were fair and reasonable, taking into account the parties' broader bargaining relationship and the need to balance the interests of both parties. The Commission approved the proposed changes to the enterprise agreement, subject to certain conditions and protections for affected employees.

The Commission's decision provides guidance to employers and employees in relation to the negotiation and variation of enterprise agreements in the context of financial difficulties. The decision emphasises the importance of good faith bargaining and the need to consider the broader context in which changes to an enterprise agreement are proposed. The decision also highlights the role of the Commission in approving variations to enterprise agreements and the need for such variations to be reasonable and necessary in the circumstances.

InvoCare Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established